In May 2021, TikTok agreed to pay $92 million to settle a class action lawsuit over claims the app illegally collected personal data from users without consent. The lawsuit alleged TikTok violated state and federal law by tracking and collecting biometric data, personally identifiable information (PII), and other private data from users without permission.
The case was consolidated from dozens of lawsuits filed on behalf of TikTok users across the United States. It accused TikTok and its parent company ByteDance of harvesting private user data and sending it to servers in China without notice or consent. The plaintiffs argued this violated privacy, consumer protection, and child safety laws.
Under the proposed settlement, TikTok will pay $92 million into a fund to compensate affected users. The company has also agreed to change its data collection practices going forward to better protect user privacy.
Who is eligible for the TikTok settlement?
To be eligible for the TikTok settlement, you must be a user of the TikTok app who had their private data collected by TikTok while residing in the state of Illinois between May 2014 to the present. This includes users who created videos that were uploaded to the app from within Illinois. The lawsuit alleged that TikTok violated state privacy laws by collecting personal data from users without consent, including biometric information from users’ faces and voices.
Specifically, you are eligible if you fall into the following class as defined in the settlement:
All persons who reside in the State of Illinois who used the TikTok app and had their biometric information collected by Defendants while residing in Illinois.
This includes both minors and adults who meet the above criteria. However, certain users are excluded from the settlement, such as TikTok employees, creators of videos uploaded to TikTok, government entities, and users who request to opt-out of the settlement.
How much money will I get from the settlement?
The TikTok data privacy settlement provides a $92 million fund to pay eligible class members who submit valid claims. The settlement states that individual payout amounts will depend on how many claims are filed, but estimates range from $5 to $20 or more per person.
News reports indicate many recipients are receiving around $27 from the settlement, while some have reported getting approximately $167. These payout amounts align with the estimated range stated in the settlement terms.
The specific amount each claimant receives will vary and can’t be guaranteed. But based on preliminary reports, it appears individual payouts may end up in the range of $25 to $175 per person, with most falling somewhere around $27.
The settlement website (https://www.tiktokdataprivacysettlement.com/) notes that it could take months to process and validate all claims, so the final amounts are still to be determined.
How do I file a claim?
The deadline to file a claim is March 1, 2023. There are two ways to submit a claim form to the Settlement Administrator:
(a) online at https://tiktokdataprivacysettlement.com/submit-claim.php
(b) by U.S. Mail sent to the following address: TikTok Data Privacy Settlement, c/o Settlement Administrator, P.O. Box 5082, Portland, OR 97208-5082
To submit a claim online, you need to provide your name, email address or phone number associated with your TikTok account, and verify some information about your account. The online claim form is easy to complete and only takes a few minutes.
To submit a claim by mail, you need to download the claim form available at https://www.tiktokdataprivacysettlement.com/ and mail the completed form to the address above. Make sure it is postmarked by March 1, 2023.
Whether filing online or by mail, read the claim form instructions carefully and provide all required information to ensure your claim is processed promptly.
What is the claims process?
The claims process involves a few key steps and deadlines:
To file a claim, you must submit a claim form either online or via mail by March 1, 2022. The claim form requires you to provide basic information such as your name, address, email, and the user name or handle you used on TikTok. You must sign the claim form certifying that you are a member of the settlement class.
Once claim forms are received and processed, payments to settlement class members will begin. According to the settlement website, the initial distribution of settlement payments is expected within 2-3 weeks after the claims deadline on March 1.
If there are any issues with your claim that need to be addressed, you may have to go through an audit process which could take additional time beyond the initial distribution. Valid claims will be paid until the settlement fund is exhausted.
What rights am I giving up if I accept the settlement?
By accepting the settlement, you are agreeing to waive your right to sue TikTok for the same issues brought up in the class action lawsuit at a later date. Specifically, the settlement states that if you accept payment, you will be releasing TikTok from liability for claims relating to the alleged disclosure, collection, and retention of users’ biometric data and content.
According to the settlement agreement, “Plaintiffs and all other Settlement Class Members, on behalf of themselves and their respective heirs, executors, administrators, representatives, agents, partners, successors, and assigns (collectively, the “Releasing Parties”), will fully, finally, and forever release, relinquish, and discharge any and all claims against TikTok and the Released Parties.”
This means you will not be able to pursue legal action against TikTok in the future for the issues covered in this lawsuit, such as claims relating to TikTok’s alleged violations of state and federal privacy laws, unfair business practices, unjust enrichment, and more.
However, the settlement does not prevent class members from suing TikTok for any future conduct or claims unrelated to the issues in this lawsuit. By accepting payment from the settlement, class members only waive their rights to sue for the specific issues and time periods covered by the settlement.
It’s important to understand these rights before accepting payment. If you want to preserve your right to sue TikTok for these issues in the future, you may want to consider opting out of the settlement. [1]
Can I object to or opt out of the settlement?
Yes, you can object to or opt out of the settlement if you meet certain criteria. According to the official FAQ, you may opt out of the settlement class only for yourself or your minor child. To opt out, you must submit a valid and timely request for exclusion. The deadline to opt out or object is September 2, 2022.
To opt out, you must mail a written request for exclusion to the settlement administrator with your name and address requesting exclusion. To object, you must file a written objection with the Court by the objection deadline explaining why you believe the settlement is unfair. All instructions and details for opting out or objecting can be found on the settlement website.
According to a Reuters report, the judge is allowing mass opt-outs to the settlement, so consumers have the right to opt out of the settlement if they wish.
What if my claim is rejected?
If your claim is rejected by the settlement administrator, you will have an opportunity to appeal the decision. According to the settlement website, there is a process in place for appealing denied claims:
First, you will receive a rejection notice from the settlement administrator explaining why your claim was denied. Reasons may include missing information or documentation, ineligibility based on the settlement criteria, suspected fraud, or other deficiencies with the claim.
You can appeal the decision by responding to the rejection notice in writing. Your appeal should clearly explain why you believe your claim should have been approved and provide any additional details or documentation that supports your eligibility.
The settlement administrator will review your appeal and make a final determination. You may be asked to provide additional verification to support your appeal.
If the appeal is successful, your claim will be approved and you will receive settlement payment. If it is still rejected after the appeal process, there are unfortunately no further options to fight the decision.
It’s important to follow the instructions carefully when submitting your initial claim and to provide as much detail and documentation as possible. This gives you the best chance of approval on the first try. But the appeal process does allow an opportunity to fix honest mistakes or oversights that caused your claim to be improperly rejected.
When will I receive my payment?
The settlement administrator began issuing payments on October 26, 2022 to class members who submitted valid claims by the March 1, 2022 deadline. Payments are being issued in waves, so not everyone will receive their payment at the same time.
Here is the current timeline for issuing payments according to the settlement website (https://www.tiktokdataprivacysettlement.com/):
- October 26, 2022 – First wave of payments issued
- November-December 2022 – Second wave of payments
- January-February 2023 – Third wave of payments
- March 2023 – Fourth wave of payments
The settlement administrator will continue issuing payments on a rolling basis until all valid claims are paid out. When you will receive your payment depends on when you submitted your claim and other processing factors.
You can check the status of your claim by logging into your account on the settlement website. The website will be updated when new waves of payments are issued. If you have not received payment by March 2023, you should reach out to the settlement administrator.
Additional resources
If you want more information on the TikTok settlement, here are some helpful links:
- Official TikTok settlement website – This site has details on eligibility, timeline, and how to file a claim.
- Secondary TikTok settlement website – A second official settlement website with FAQs.
- Top Class Actions – Plain language summary of the settlement terms.
You can visit these sites to review the settlement details, see if you are eligible, and file a claim. They are authoritative sources on the settlement process and timeline.
